Case law

Gray Ex Rel. Dehon Inc. v. Western Environmental Services & Testing, Inc. (In Re Dehon Inc.)

352 B.R. 546 · United States Bankruptcy Court, D. Massachusetts · Oct 12, 2006

The Order approving the bidding procedures in connection with the sale (the "Bidding Procedures Order”) established the time and manner of the solicitation of higher offers, defined a "Qualifying Bid” and established the … dates and procedures for the auction of the assets in the event the Debtors received a Qualifying Bid before the deadline.

Walden Behavioral Care v. K.I.

471 Mass. 150 · Massachusetts Supreme Judicial Court · Apr 9, 2015

We conclude that the exception to the psychotherapist- patient privilege established in G. L. c. 233, § 20B (a), applies in the circumstances presented. … Any "qualified psychologist, qualified psychiatric nurse mental health clinical specialist, or licensed independent clinical social worker" also may do so. G.

Jet Spray Cooler, Inc. v. Crampton

361 Mass. 835 · Massachusetts Supreme Judicial Court · May 17, 1972

The recommendations in the Foster-Miller report are shown to be of an appropriate nature to qualify them as trade secrets. … The record before us is insufficient to establish any error, as claimed by the defendants, in the admission and exclusion of certain evidence by the master, or in the judge’s related rulings thereafter.

Stone v. Essex County Newspapers, Inc.

365 Mass. 246 · Massachusetts Supreme Judicial Court · May 6, 1974

S. 713 (1971), I do not believe it gives them the immunity which the defendant seeks on the facts of this case. 4. … Clearly, the judicial proceeding which was reported was an event of public or general concern.

Maimonides School v. Coles

71 Mass. App. Ct. 240 · Massachusetts Appeals Court · Feb 25, 2008

He directed the trustee to distribute the remaining trust property to “organizations then qualifying for the federal estate tax charitable deduction,” as later designated by him or a successor trustee. … He stated that Brener was “clearly disoriented and confused and weak” at the time of the TIA-related incident on October 18, 2001. After the incident, Brener had “improved considerably,” “but remained weak.”

Hanks v. Klein

21 Mass. L. Rptr. 504 · Massachusetts Superior Court · Sep 27, 2006

This difference has been further clarified by amendments to the Federal Rules of Evidence that establish a sharp and clear distinction between testimony based on observations and expert testimony. See United States v. … Klein, whether he discussed the risks with Susan and Bruce Hanks (Klein Dep. 105:16-21), and whether he used the term “risks” in that discussion (Klein Dep. 110:21), was clearly answered. Dr.

New England Legal Foundation v. City of Boston

423 Mass. 602 · Massachusetts Supreme Judicial Court · Sep 24, 1996

It will be recognized only where the property falls clearly and unmistakably within the express words of a legislative command.” Massachusetts Medical Soc’y v. … But if that work is only incidental to benefits provided to members or some other limited class, NELF would not qualify for charitable organization tax exemption.

Barraford v. T & N Ltd.

988 F. Supp. 2d 81 · District Court, D. Massachusetts · Sep 24, 2013

Heinen, now deceased, clearly meets the unavailability requirement. Fed. R.Evid. 804(a)(4). … Plaintiff asserts that the article qualifies as a statement in an ancient document, falling under the exception in Federal Rule of Evidence 803(16).

Bern Unlimited, Inc. v. Burton Corp.

95 F. Supp. 3d 184 · District Court, D. Massachusetts · Mar 31, 2015

It is clearly established that survey evidence is the “preferred” manner of demonstrating secondary meaning. Yankee Candle, 259 F.3d at 39 . … However, the Court notes that these helmets clearly have rounded profiles. (Chilson Decl. ¶¶ 7-8).

Ferrara v. United States

370 F. Supp. 2d 351 · District Court, D. Massachusetts · May 13, 2005

SUMMARY As described in the April 12, 2005 Memorandum and Order, petitioner Vincent Ferrara has proven that he was denied *354 Due Process when the government violated its clearly established constitutional duty to disclose … Rather, he has relied on the well-established rules enunciated in Brady v.

United States Ex Rel. Lisitza v. Johnson & Johnson

765 F. Supp. 2d 112 · District Court, D. Massachusetts · Feb 25, 2011

The viability of the theory is well established. Its applicability, however, is an issue for later consideration. … As the agreement clearly encompasses the FCA claims in this case, the Nevada claims will be dismissed.

Commonwealth v. B & M Fitzgerald Builders, Inc.

71 Mass. App. Ct. 486 · Massachusetts Appeals Court · Mar 31, 2008

While the regulations do not specify how the absorption system should be designed, they clearly require that the soil absorption system be functional. … L. c. 21, § 43(2), by discharging effluent directly into the ground, failing to obtain a proper permit, and failing to qualify for the exemption by violating the Title 5 compliance requirements, the judge erred in granting

Colby v. Commissioner

18 Mass. App. Ct. 767 · Massachusetts Appeals Court · Nov 15, 1984

Colby later qualifies and receives SSI again, he and the family will be able to apply under the prior practice. … An administrative agency may fill in the details of an established policy without repeating the steps required for promulgation of a regulation. See Atlas Distributing Co. v.

Daniels ex rel. Estate of Daniels v. Dunlap

15 Mass. L. Rptr. 379 · Massachusetts Superior Court · Nov 15, 2002

The important financial consequences of vicarious liability will likely affect the conduct of physicians and hospitals, so it is important that the lines be drawn clearly so that the adaptive behavior is intelligent and efficient … Desai, and therefore is immune from liability under the Tort Claims Act. The plaintiffs motion to amend to add Dr. Lipke as a defendant, therefore, must be denied.

Swift v. AutoZone, Inc.

441 Mass. 443 · Massachusetts Supreme Judicial Court · Apr 13, 2004

General Laws c. 136, § 6 (50), the premium rate payment provision of the so-called “Sunday” law, states in relevant part: “Any store or shop which qualifies for exemption under this clause. . . and which employs more than … The committee clearly believed that Congress always had intended to permit crediting under the original version of the FLSA, and that crediting had become unlawful only because of what Congress viewed as erroneous administrative

Kenyon Oil Co. v. Adams

17 Mass. L. Rptr. 69 · Massachusetts Superior Court · Dec 4, 2003

several provisions of the zoning bylaw of the Town of Sturbridge (discussed further below) and concluded that the bylaw was designed to and did in fact regulate “signs” and “window signs,” that the interior signs in question qualified … This statute has been considered by our appellate courts on numerous occasions, and guidelines have been established for the exercise of the power of judicial review.

Tomsic v. Pitocchelli (In Re Tri-Star Technologies Co.)

260 B.R. 319 · United States Bankruptcy Court, D. Massachusetts · Mar 30, 2001

(In re Morse Tool, Inc.), 148 B.R. 97, 131 (Bankr.D.Mass.1992) (trustee bears the burden of proving the existence of qualified unsecured creditor); Young v. Paramount Communications, Inc. … To the extent, therefore, that Pitoc-chelli attempted to assert any offsetting claim under § 548(c), he has failed to establish it.

Jennison v. Hapgood

27 Mass. 77 · Massachusetts Supreme Judicial Court · Oct 15, 1830

He had no establishment in Vermont. … On the question of interest, the court in Vermont has clearly exceeded its jurisdiction.

Nardone v. Raytheon Co.

32 Mass. L. Rptr. 45 · Massachusetts Superior Court · May 19, 2014

Unlike the internal dispute in King , the alleged actions of Raytheon, if true, contravened clearly established public policy. … Preventing defense procurement fraud surely qualifies as performing an important public deed.

In the Matter of Scott

377 Mass. 364 · Massachusetts Supreme Judicial Court · Feb 21, 1979

We agree that they establish the charges in substance. … G.’s father did not qualify for legal assistance. Judge Scott ordered Mr. S. to file an appearance for bail purposes. Although V.